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NOTES 


FOR AN ESSAY 


ON SOME OF THE 


©laiPIiOffiS AST® ASJWgHS 


OF THE 


CONSTITUTION OF MARYLAND, 



PROPOSED REFORM. 

/ 



VVASHr.' 


B ALTIMORE: 

J. W. WOODS, PRINTER. 

1836 . 




NOTICE. 


. li^ iVl 


Whilst the following Notes were preparing for publication, an unex¬ 
pected, perhaps, unfortunate occurrence, as of a character to affect 
the future Government of Maryland, relating to the election of a Senate, 
has taken place at the Capital of the State; but the writer flatters 
himself that his labor will not be lost, and that the ideas he had thrown 
together on the subject of REFORM, will not be entirely without their 
use. 

He asks leave to embrace the opportunity of saying, that, in his humble 
opinion, the minority of the Electors chosen, have acted precipitately in 
abandoning their labors of conciliation so early; and that the majority 
of the Electors would have acted with becoming discretion only, having 
a view to the return of the polls, by offering to be contented with a 
number of the Senators, equal to the proportion of each party assem¬ 
bled, respectively; thus retaining the choice of the greatest number; 
leaving, in so much, to the result of the approaching election of Dele¬ 
gates, the selection of the Party by which the State should be governed. 
As between honorable men, or honest parties, there seems to be no 
prospect of unanimity now, but by reasonable concessions on both sides, 
and, the sooner made the belter. There is little hazard in adding that less 
dependance on, or connection with the politics of the General Govern¬ 
ment, than is generally exhibited, would be an advantage to this State, 
as a like separation would be to any other member of the Union; we 
might all then return to the era of good feeling; when a Reform 
of the Constitution, and every other matter of local or private concern, 
would be impartially weighed, and finally decided, by its own particular 
and intrinsic merit. 

September 23, 1836. 




NOTES FOR AN ESSAY, &c. 


From the birth-day of this Nation, European Politicians have prophe- 
cied the downfall of its Government; and, too many disappointeil oliic.e- 
seekers have lately advanced similar notions here, but, they deceive 
themselves if they are in earnest, and if not, try to deceive others. 
Those who had the courage to establish onr intlependence were wise 
enough to forego any such forlorn a[)[)rehension'«, and we may yet safely 
trust on the capacity of the American people, the honest yeomanry and 
workingmen, for the preservation of onr Liberties, and the forms of 
Government by which they are to be maintained. There is, |)robably, 
in the growth of this nation, a foil proportion of all that enters into and 
constitutes the safety of our political institutions.—In education, in jn-o- 
perty, and in patriotism, with qualities of that character, which existed 
at the time of its foundation. Many, aye very many of the descendants 
of men who, in 1776, were poor and illiterate, have sons and grand-sons 
who are men of science, wealth, and public spirit. The great West, 
though a resort of the discontented, as it is a refuge for the unfortunate, 
has even now few others than men directly and highly interested in the 
safety of persons and property; and, the country at large, out of the 
great cities, at least, can scarcely have a less proportion of them, while 
pritnogeniture is exploded, and estates of intestates are equably divided, 
as they are by the laws of all the States of the Union. Some of the 
propagators of these idle prognostics frequently refer to thfe history of a 
few little ancient states, fro.m which the name but not the form of our 
Governments were taken, in order to fasten"" the error on their own 
minds, and then, like other fanatics, in gratification of their vanity, seek 
proselytes. If it were possible that these alarmists coidd unsettle the 
minds of a majority of the people, and overturn the princi()les on which 
the constitutions are based, no time should be lost in repelling their 
doctrines and upsetting their dogmas. 

This is a Democratic Govei'nment, notwithstanding it falls short of a 
Democracy. There is not, there cannot be, any such form. It may be 
an approach to one, and so is the govern nent of the Sacs and Foxes:— 
with them, too, every man contributes to make an Executive Officer. 
Though all may legislate, all cannot execute, without a return to down¬ 
right Barbarism, and a total abandonment of the social system. It is 
not the Saxon Government transmitted to us through the English, the 
Normans, the Danes, or the Piets, upon which the authors of our Itide- 
])endence have the just credit of improving. Neither Rome nor Greece, 
nor any other nation, ever had such a government as this Re[)resenta- 
tive Republic; and it is perfect in much of its theory, at least, in almost 
every state of the Union, excepting Maryland, where it is vitiated by 



4 


a fatal indifference to the true principles of suffrage. It is this inter¬ 
polated vice, in voting, which places so many restless Demagogues at 
the head of our affairs, and are insinuated into every emanation of the 
Government; to the exclusion of many; almost all, I may say, of the 
middle and working classes; justly called the bone and sinew' of the 
country.—The honest, independent, but unpretending Farmer, Me¬ 
chanic, Trader, and Sailor. 

It is a woful misnomer to call such government a perfect or pure 
Republic, and a libel on our forefathers to say, so it w'as intended to 
be, with such a baneful feature as that afterwards introduced into our 
Constitution, in order to procure a surreptitious and vicious popularity for 
their immediate descendants. 

It is a common, though a great mistake, to suppose that this general 
voting is a check upon men of wealth, the Aristocracy of Republics. 
They have time and money to employ in electioneering; and they have 
been mostly successful, whenever they choose to employ them, as ex¬ 
perience has abundantly shown. When the system operates to the ad¬ 
vancement of one of the People, so called, it generally will prove to be 
that one, who is seeking his own aggrandisement at the expense of the 
community; which is then served still worse, than by a rival of the 
other class, who has got, or made his fortune, and may protect the 
Treasury, if you let him play the master, while the ambition of the 
other, goes for the purse, in the expectation of becoming o master too, 
before that is emptied; flattering working men, but quitting and despis¬ 
ing all work; when they are to be ranked among the rankest of the 
aristocracy. Yes, there are many, otherwise quiet and useful citizens, 
who enter the lists in this way, scarcely knowing their own views, or 
feeling any such ambition in their hearts; but, it gets there, and grows 
with indulgence. 

To the honor of Maryland, it may be'said, that this wretched system 
of voting is not indigenous or of native growth. This kind of suf¬ 
frage was engendered and introduced among us, by the persecuted, but 
inexperienced and visionary reformers, who were received from Europe; 
and, by our neighbors, south of the Potomac, who preached Equality 
to us, by words and by writings, by day and by night, though they them¬ 
selves would not hear a breath of it—keeping every working man, black 
or white, among them, at a respectful distance from the polls; while, by 
this means, the JVdhobs ruled the rctost. Not contented with ruling at 
home, they used it as a means of ruling every where; in which they 
were, through the ambitious views of a few malcontents here, but too 
successful; holding a tight rein over us for about twenty years, as will, I 
trust, be now admitted, even by those who, in their own persons, or by 
their ancestors, profitted by, without being the dupes of their wiles. 
Without this vital change in the Constitution and Bill of Rights, other 
changes, which have been introduced since, could not have passed; such 
as, that prohibiting the Legislature to raise funds for support of religious 
and charitable purposes, at the option of the persons taxed;—that repeal¬ 
ing the acts against common vagrants, the very pest of all dense commu¬ 
nities,—and that admitting the avowed opponents of Christianity to all 
offices, while professed teachers of Christ’s doctrines are excluded from 
the assembly. It is the effect of this abominable influence, which makes 
so ^nany aspirants for a seat in our Legislature; every man seems to 
think himself qualified to make Laws; a few only, and the best men 
most assuredly they are, disdain to solicit the suffrages of sots or simple¬ 
tons, and stay at home, to the prejudice of the public, whose interest 


5 


and welfare would be better served by them. It is this vice in our 
Constitution which emboldens those who are so chosen to legislate, to 
consider the keepers and frequenters of Grog-shops, as their only con¬ 
stituents; and who contemn all responsibility to their more intelligent 
and patriotic neighbors—to those, indeed, who alone are bound to suffer 
as well as enjoy, and are interested in the good or bad effects of the 
laws. The reckless and deplorable indifference to every thing but pre¬ 
sent interest, felt by the legislators, may be fairly estimated by the repeal 
or alteration of recent enactments, so often exhibited; and by the dilapi¬ 
dated state of Public Records; many of which are but just discovered, 
rotted, and lost, never to be replaced. Why should legislators consult the 
interest or feelings of the middle classes, when they know that there is 
another, said to be below, but, in this, far above them, as it is they who 
give the casting votes, and decide elections in most instances? When 
honest voters are nearly equally divided, ten or twenty others are soon 
found at the open houses near the polls. 

Your would-be statesman, begins by spouting at the gatherings, 
and, knowing his masters will be there for amusement, gives them a long 
tale of state affairs, well seasoned with jokes and ribaldry; without which, 
he has no prospect of success. When otherwise, and he arrives at his 
post, long speeches are again introduced, which, if without effect in the As¬ 
sembly, will be more useful where they are neither heard or understood, 
but pass for argument. Laws too, are often multiplied for like purposes. 
Offices are.c-reated also, to provide for busy bodies. Notice the difficulty 
encountered by plain men, to obtain acts of manifest justice or utility, 
while your dabblers in politics, or political brawlers, are soon gratified 
and despatched. It is this pernicious influence which stifles a sense of 
honor, when hired agents are permitted to whisper in the ears of Legis¬ 
lators; and which silences their consciences, when they interfere in duties 
enjoined on the Executive, '^r other branches of the Government, by that 
Constitution they have all sworn to support. Such or such a measure 
or appointment will gratify one or more of your dabblers in politics, and 
State Legislators become County Legislators; for, in this or that County, 
in this or that corner of a County, the delegate from thence, who is re¬ 
jected or returned to the assembly, by his or their suffrage, proposes and 
reports the bills, although the measure or the officer does not suit else¬ 
where, the like favor may be required; and thus are passed your special 
local Laws, until there is a Code for every County and every district in 
some Counties, perhaps. 

A multitude of Institutions, every one of which is a diminution of private 
rights, are chartered, through the importunity of agents, known to be hired, 
and the itching for popularity, with a handful of voters, for a year and a day; 
notwithstanding the repeated and notorious frauds, and the consequent 
ruin of more of their constituents, by some of these Institutions. There 
are not a few of them but which, from their first organization until their 
self-destruction, defy all the restraints the Legislators impose, and which 
have thereby justly forfeited the privileges granted; but, as if charters are 
made to be broken, we have yet to learn an instance of forfeiture inflicted. 
You will find, if you inquire into the matter, that the highest and lowest, 
and all the officers of the Joint Stock and Jobbing Corporations, are 
much better paid than your Governor, your Judges, and the subor¬ 
dinate agents or officers of the Government: without reference to their 
respective characters or qualifications; and that, because of the little they 
receive, they have, with few exceptions, perhaps, as little influence at 
elections; yet all are equally indebted to the Law-makers, for what they 


6 


do receive. No tax or imposition, however oppressive or unjust towards 
stockholders, but what is acquiesced in by officers so well paid, and so 
deeply interested, especially if the Government which lays them, will 
prolong their existence a few years. Again; compare the fees of the 
lowest officers of the Courts, or of the Counties, with the salaries or coin- 
])ensations of the highest of these officers, and, all things considered, you 
find the former doubly and trebly paid, according to law. Except in 
particular circumstances, where it is important to a party, or to a candi¬ 
date, that an obscure individual should be better provided for, your Deal¬ 
ers with Negroes, Grog-shop-Keepers, and Jttlip-sellers, the price of 
whose licenses dare not be touciied, and your idle Brawlers at th.e Polls, 
are converter! into worshipful Justices, to the number of a hundred to a 
County; and when useless there, palmed on our mart for support, to 
be no where a convenience to, but, too often, the plunderers of the public, 
wherever they be. It is a cheap species of bribery, and has the advan¬ 
tage to cost the immediate donor, or person to be benefiited, absolutely 
nothing. Men, who, from a motive of interest or pride, are anxious to 
be placed at the head of the Executive, or to control the appointing pow¬ 
er, look to those who can place thertj, court their favor, and, whether that 
power is exercised by the citizens directly, or indirectly, by the Legisla¬ 
ture, independence vanishes and abuses follow. 

» The journal of accounts, that is, the pay of assembly-men for a ses¬ 
sion, is about $50,000, now; and lids is just double that charge in 1810,. 
when this kind of suffrage was fastened on us,'without any comparative 
increase of population or wealth, except in the city of Baltimore. 

The official life of most Maryland Delegates now, is soon told—Be¬ 
tween the lime of his election^nd meeting in Assembly; that is, the first 
three months, he may have digested half a dozen measures; in the next 
quarter, he has to consider two or three hundred, he never heard of be¬ 
fore, without time, or liberty, to introduce his own, perhaps, and, it is an 
even chance that he is superceded, in three months from the time, his 
constituents receive the printed Laws. 

Nothing is so difficult as to make people sav their prayers or j)ay their 
debts—or, to prevent others from .chewing tobacco, or smoking cigars. 
But, there are many outrageous evils which it would be easy to prevent; 
and how? First, as to duelling, for instance;—Provide that the challen¬ 
ger, the accepter, and the seconds too, where fighting ensues, be fined 
to the amount of half their several estates; pay 1,000 to 10,000 dollars, 
and imprisoned till paid, besides; and, wdiere either or both the parties 
are killed; provide, that their whole estates, including those of the seconds, 
be forfeited, and the survivor, if any, with the seconds, be imjtrisoned, 
fined as above or banished the State forever, if not hung. 

Second, as to Lottery Dealing, make the penalty for any breach of the 
law', bear equally on the Landlord, knowing the same, the Painter, the 
Printer, and the itnmediate transgressor. 

Third, as to cotnmon Gamltling, provide that the Landlord, knowing 
the fact, forfeits his rent to the public, and banish the delinquent. As to 
Grog Shops and Tippling houses; provide that any landlord, knowing the 
fact of a tenant selling liquor without license, forfeits his rent in like 
manner, and that no process of law be allowed for the recovery of ac¬ 
counts, for spirituous liquors, so sold without a license for an inn or 
ortlinary keeper, &c. But no— other matters are engrossing. 

In all affairs leading to penalties, or to damages, public morals and 
public oi)inioris, are of great importance; and, if the legislation is new, 
in matter or character, the community must have timely and full infer- 


7 


malion; for, if Judges and Juries are not as well satisfied of the justice 
and necessity of the measures, as the legislators who enact them, penal¬ 
ties cannot be executed, and their entire omission would be preferable. 
For this, it w’ould be a mistake to rely on the press—Since printing be¬ 
came a trade, it is up for the highest bidder, like any other merchandize, 
and it is at the command of a party or of a single person, prepared to 
buy the use of it; or, on the fact, tluit Legislators are liable to be renewed 
in a year, or before they feel themselves identified with, or responsible 
for the success of the measures they adopt. 

It is high time to consider seriously, what description of men are they, 
to whom every class of the People of Maryland are now subservient; 
and on whose hreath may yet further depend, without restriction or dis¬ 
guise, the election of all future Governors, Electors, Senators, Delegates, 
and, {)ossibly, every petty officer in a County or City? It will be lucky 
if the judges and keepers of records, escape the general f)lan; which, it 
is said, many Reforjners now a days, seek to effect. Perhaps, those who 
think themselves, and are to be considered, true Republicans and Friends 
of the People, are the most numerous of the levelers; yet, duly 
weighed and judged, it is that very description of politicians which is 
now suffering, by the operation of the present system of Maryland; 
not in accordance with, but a palpable violation of the fifth article of the 
Bill of .Rights; and it is that same Republican class, whose sufferings 
must be increased, by every advance which may be made by extending 
the application and power of this electoral system; as it is in this Essay 
intended to exemplify and prove. The writer begs leave to declare, that, 
although without wealth, or even a mediocrity, his love of real free¬ 
dom is inferior to that of no man; he therefore suffers by the present 
system too, and may be considered, as in fact he is, a real friend of im¬ 
mediate reform in other matters as well as in this. 

This system is one which we cannot fairly claim as our own. It was 
first adopted here, and may be said to belong to us, as an old State, ex¬ 
clusively; for though there are many voters in this State, without any 
other qualification, there are very few so negligent and destitute, in the 
two or three new states, which have since adopted constitutions similar 
to that of Maryland, in this article. 

In all the old states, and in most of the new ones, men who offer to 
vote, must exhibit some other than certificates of residence and birth, 
or of being naturalized. These additional requisites, are different in 
different states. In the South, generally, possession of real pro()erty is 
indispensable; in the North, voters are mostly required to show that they 
have done something for the community, in whose immunities and pri¬ 
vileges they would participate; either that they have paid a tax; served 
in the army or the navy, or performed militia duty; none of which can be 
so easily evaded, as the facts of our citizenship and residence are here. 
It is notorious, that the Judges of our Elections are often imposed on, 
and fraudulent votes taken, although the good ones are so cheap and so 
readily acquired—not imposed on by the gallant soldier or sailor—not by 
the industrious citizen—but by those who are neither; by the idle strag¬ 
gler. Not by the man who sets a true value on his vote—not by him 
who considers that he, himself, may cause the loss of his liberty, and his 
property too, by unguarded and misplaced confidence; but, by him who 
has no stake he regards a straw; and, who would as readily stay away 
from the polls, or, go and pass his vote at twenty places, and as many 
times, on the same day, if hired, or even coaxed so to do, by any inter¬ 
ested or trifling bystander. There are so many designing men, and so 


8 


many heedless voters among us, that we have witnessed elections carried 
on by every means of deception and all the ways of corruption—False 
swearing, and open bribery. Have we not seen men elected suddenly 
from obscurity to high public trusts; not by majorities, but by pluralities 
of ten or twenty votes in a thousand polled, and when known to many^ 
that more than fifty were illegal; others given without deliberation or 
concern, by more than a hundred? while as many more stay at home, 
through mere disgust or indifference as to the result? How easy is it, in 
fact, for any employer of a hundred voters, of more intelligence and 
patriotism than himself, to overawe them, and turn their necessities to 
his vile and ruinous purposes? How convenient it may be to some such 
bribed voters, to take the fruits of their baseness to travel away, and 
leave others to bear a vicious administration thus imposed on them who 
remain; or, for such corrupt employer to pay a fine, on detection of 
fraud or falsehood? 

It may be necessary to notice two of the principal, if not the only 
points, on which officious Demagogues rely to support a claim to, or 
a defence of, the most dangerous practice in Republican Govern¬ 
ments; the most important privilege which the Citizen of a free coun¬ 
try enjoys; and, these points are—the labor which all are supposed 
to bestow toward the common necessaries or comforts of the commu¬ 
nity; and the uniform practice to require the personal service of every 
man in defence of the country, in time of war; and militia service at all 
times. And, why not permit the other sex, who share in all the labor; 
and all the free colored men, who are capable of being soldiers, to the 
privilege of voting? In some states they both are voters, if otherwise 
qualified: In the Government of the United States, and in that of Vir¬ 
ginia, lately adopted, three-fifths of the slaves are represented, and men 
were not disqualified by their color in Maryland, until the polls were 
opened to almost every other being in human form; until then, taxation 
was one of the political landmarks, but now, they are as wide apart 
as indigence or idleness could wish. 

Without stopping for answers to these inquiries, it may be observed, 
that all labor, well bestowed and rewarded, as it is in every free country, 
produces fruits that will entitle the possessor to vote, before the quali¬ 
fication of manhood in natives, or, residence in foreigners, is obtained; 
unless they are perverted, from a proper use, to an improper one; and 
such a one as is, not only pernicious, but disgraceful to the public; ren¬ 
dering the individual more worthy of contempt than confidence; whether 
it be abandoned profligacy, or mere intemperance. As to fighting for 
the country—common experience unites with all history, to brand the 
boaster a bully—one who will talk of battles, but takes special care to 
be absent when the day of trial comes. What, in fact, would promises, 
honestly given, benefit the country? Every enemy will know on 
what a fragile base, depends the courage and fidelity of such soldiers. 
There is a nerve, a sinew, but not theirs, which must come into the ac¬ 
tion, or defeat is certain. A nerve and a sinew, which must come forth 
on the day of battle, as well as supply subsistence, then and after, to 
wounded and superannuated seamen and soldiers; subsistence towards 
which, the stickler for personal rights he abuses, would not contribute 
one day’s labor, or one cent of money, and is taught to think it tyranny or 
treason, if he were asked. But, who would refuse the privilege of vot¬ 
ing to him who has bared his breast in the face of an enemy? Such a 
soldier, or such a seaman, would be mostly too far advanced in life to 
wield a musket or to acquire a property qualification; and too infirm to 


9 


• ai 

run away from what he had defended or, the pension laid on it for his 
use? Bad voters, bad votes, never will be a rule for the instruction of 
representatives; for they neither do nor can determine the true or just 
sense of the community, the district, or the county, where their votes 
are admitted and taken. On the contrary, they absolutely prevent the 
sense of the people from being known, as plainly and as effectually as if 
they were given by downright maniacs. If such voters were indeed 
maniacs, and allowed to give their votes at random, they might often be 
right; at least, one party, or one candidate, would have as good a chance 
as another. There, at the polls, you meet with every sot and every sim¬ 
pleton; if he has feet and hands, and can tell his right hand from his 
left, he brawls and insults you with his equal right; though he neither 
knows nor cares for this right, farther than it enables him to exercise his 
impertinence. In country places, they are personally or individually 
known to the judges by their venal breaches of the law. In the city 
there is added as many burglars and felons at large, unknown, but, if 
law or justice could have reached them, they would be in the Penitentiary 
and not at the polls. 

To proceed, let us contemplate the more agreeable side of this ques¬ 
tion—Let us, for a moment, suppose this loose system of suffrage done 
away in Maryland, and inquire what would be the effect on our Elec¬ 
tions; how the Government would work; if, like most of our neighbors, 
we added some other qualification or qualifications, to the naturalization 
and residence now required of Voters? 

Every man worthy of a vote, every workingman, will consider an 
Election a serious matter; he will not put off his reflections, or his in¬ 
quiries until the day it is to take place;—He will study the character of 
the Candidates, as well as the merit or demerit of the measures they 
severally propose, or are likely to support; being no dabbler in politics, 
nor seeking for any honor, trust, or profit, farther than a conscious sense of 
his own rectitude bestows; he will see and consult frankly, with those 
neighbors, in whose information and judgment he confides, and will 
have made up his mind before the bustle comes on, or the tug of this 
civil strife has agitated violently the public interest or sympathy. His 
neighbors, equally thoughtful, and equally entitled to their opinions, are 
duly respected, and, protected, if necessary. But, all is quiet at the polls. 
In an instant the worthy citizen, being known to the judges, has voted 
and gone to his home or business—No open houses now, no betting, no 
bullying, no black eyes or bloody noses. By this change of system 500 
votes are taken in the time 300 were. The judges proclaim the result 
in a few hours. When your worthy voter is gratified, he does not tan¬ 
talise his opponent:—He may be disappointed, but he does not despond; 
having allowed his neighbor freedom of opinion, because he was his 
equal:—He will say, “my will is not the public will—this result is the 
public will, duly and fairly expressed;—If it won’t do, nothing will; and 
it was an equal chance, that things would not be worsted, after all,” The' 
successful candidate, to whatever side he is attached, feels that his suc¬ 
cess is a real mark of confidence on the part of respectable men, and, 
through gratitude, will direct a single eye to the general welfare, and exert 
his talents with fidelity to the public interests. 

Much would be gained—every tax payer, and every man of common 
sense, who studies true politics twenty four hours, would see it and feel 
it. In fact, every such man in Maryland, has declared, at one time or 
another, that some reform in our State Constitution is highly necessary, 
if not indispensably requisite, to preserve any thing like an equality of 
2 


10 


rights, and protection of property. In the foregoing remarks, it is, per¬ 
haps, fully proved, that the Middle Classes, the Fanner, the Mechanic, 
the Merchant, and the Sailor, are refused their equal rights, and are really 
oppressed. 

A General Convention, for such a purpose, is not the best manner of 
proceeding; such an assemblage of persons, strangers to, and wanting 
sufficient confidence in each other; have conflicting personal or local in¬ 
terests to sustain or to acquire; might introduce alterations not required by 
the people; never, perhaps, submitted to their consideration; and, possi¬ 
bly, bring on measures more disastrous than those complained of. They 
might differ, divide, and go home, before their labor was completed, and 
leave the State without any efficient or intelligible form of Government. 

Although nearly all situated within parallel latitudes, there are few 
states of the limited extent of Maryland, either in this hemisphere or 
the other, which have so many sectional interests to be reconciled by 
Government; arising from its geographical position, from the variety of 
its soil, climate, and products, from the different origin of its inhabitants, 
and species of labor required, as well as rival markets. 

The great alterations in the British Constitution, or rather, in the pre¬ 
rogatives enjoyed by their Sovereigns, until 1688, were prepared and 
stipulated by a Parliament which assumed the name of a Convention 
Parliament; and, it may be presumed, none the worse for that, or our 
Patriots of ’76 would not have found so much of their very language 
suited to the Declaration of Independence. In New York two conven¬ 
tions have been called to amend their Constitution, and Pennsylvania has 
had two also; in the first of these, Dr. Franklin presided; yet the people 
of that State are calling for another; and, possibly, with as much neces¬ 
sity as before. But, who can tell how the late reform in Virginia would 
have terminated, if Madison, Marshall and Monroe had not been mem¬ 
bers of their convention, to pacify the discordant elements and procure 
a compromise.? 

The same inquiry may be applied to Pennsylvania, which in 1790 
had still her Wilson, Ross, and McKean; and to New York, in whose 
convention, Messrs. Livingston, King, and Clinton’s influence must have 
had happy effects. But in such assemblages, it is easier to find a ton of 
pretension, than a grain of prudence, generally. 

The plan of the Confederacy proposed in 1778, remained unapproved 
by Maryland for three years; and justly too, on account of others holding 
back the Western Lands. In fact, the general convention of 1787, went 
beyond the terms of the Confederacy the members were sent to reform; 
so far, as to propose an entire system of Government; which, by the 
weight of character in Washington and Franklin, forcible arguments and 
eloquent explanations of Jay, Hamilton, and Madison, with their amend¬ 
ments, received the sanction of the States and People; because it was to 
secure a more perfect Union. 

The Father of his country, notwithstanding, found a divided Cabinet 
in two of the most talented men of the age; and Maryland too, like Vir¬ 
ginia was in 1830, might now be distracted by rival talents from the 
East and from the West. It was in 1778, according to Tooke’s life of 
Catherine II. that Stanislaus (Poniatowsky) the last Polish King, address¬ 
ed these afflicting reproaches to a Convention Diet: “Gentlemen, I am 
weary of hearkening to you; the partition of our unhappy country is a 
consequence of your ambition, of your disseniioiis and your eternal 
disputes.” The States General of France, assuming the name of Na¬ 
tional, first, then Constituent Assembly; though called by, and in the 


11 


presence of Louis XVI. and containing some of the most enlightened 
men of the last century, madly abrogated all distinction of orders in the 
country. By the consequent amalgamation, they prepared the downfall 
of the Monarch and the Monarchy, in 1792, by a convention, then called 
and elected in form; and which, after that, butchering thousands of pri¬ 
vate and peaceful citizens, made war on every nation around them, idol¬ 
ised a military despot, and shed the blood of millions. I know too well 
the difference in political knowledge and habits, which yet exist between 
the opposite sides of the Atlantic, to present, or to presume, any thing 
terrific, to alarm the lovers of peace in this State, by these references. 

What else than disappointment and neglect can we expect, changing 
our delegates as we do, from year to year; sending men who never were 
in the fields to contend with veterans disciplined by many campaigns; the 
true cause of many failures, at home and abroad? It is said there are 
forty-five, which is five more than half the whole number of Delegates, 
who were not members the year before, and thirty-six Colts, in the pre¬ 
sent Assembly. No. The proposed reform must not be trusted to in¬ 
experienced, or to timid men; and we, especially in Baltimore, and in 
the populous counties of the vicinity, owe it to our cause to seek repre¬ 
sentatives, either for the Assembly, or for a Convention; not Colts by 
name, and Colts by nature too, perhaps, to extend the metaphor, but be 
able, and dare put to shame, those oppositionists who have, generally, 
shrunk from the responsibility, even of an argument against us. 

The first measure the members of a convention otherwise composed, 
would offer, because it is that by which they would expect an increase 
of their popularity with the people, would be, to abolish all electoral and 
district systems; which would be nothing less than robbing the people of 
their suffrages, or votes for individual candidates known to them, and 
intelligibly given; to bestow that essential privilege of a freeman, on a 
self-selected few, assembled together by the appellation of a convention 
or a caucus, prepared before hand, to tell the people who shall and who 
shall not be candidates; dodging the questions of qualifications, respon¬ 
sibilities, &c. according to the parliamentary style of some modern 
statesmen. 

Another, and less burdensome form of government was rendered proper 
and necessary, from the time when, in 1778 and ’88, so much of the duties 
and privileges of a State’s Sovereignty were transferred to the Confederacy 
and General Government: Duties and privileges too well known to require 
elucidation on this occasion. It may he proper, however, to enumerate 
some of them in the concise manner they appear in the Federal Consti¬ 
tution itself—such as, “The Congress shall have power to lay and 

COLLECT taxes, DUTIES, IMPOSTS, AND EXCISES; TO REGULATE COM¬ 
MERCE WITH FOREIGN NATIONS, AND TO COIN MONEY; TO RAISE ARMIES; 
TO PROVIDE AJVD MAINTAIN A NAVY; TO ESTABLISH POST OFFICES AND 

POST roads; to regulate weights and measures; to pass NATURAL¬ 
IZATION AND BANKRUPT LAWS,” &C. 

We have been overshadowed by the Federal Government; our John¬ 
son’s, Lee’s, Carroll’s, Tilghman’s, and Paca’s of the Revolution, are 
gone: Their genius fled or paralyzed; so much of state government was 
transferred to the Union. We have not, like the great states of Massa¬ 
chusetts, New York, Pennsylvania, and Virginia, men whose thunders 
in the Capitol echo at the treasury, to send to a convention; who could 
act as moderators, and pacify the contending elements of ambition, pas¬ 
sion, or vanity. If we had the services of venerable Patriots in a Con¬ 
vention, is it certain that we should also have junior patriots there, who 


12 


would exercise the generous courage of abandoning theories of pedan¬ 
try, per/ectabilityf and perpetuity^ to better councils? 

The Constitution of our State points out the manner by which it may 
be changed. A rare provision then, but as wise, doubtless, as rare; suffi- ^ 

ciently recommended to a preference, by the effectual imitation of it, 
since adopted by the Conventions of Maine, Massachusetts, New York, 

South Carolina, Georgia, Tennessee, Alabama, Missouri, Delaware, and 
Connecticut, and where Conventions are to be, the Legislatures propose 
them in all the other States, I believe. 

In case the Assembly should not interpose at the ensuing session, 
let the friends of reform, those who are entitled to vote for represen¬ 
tatives in the General Assembly, announce a time, to be the same 
throughout the State, when the citizens of each county and city shall 
meet together, to propose, and to receive propositions of amendments 
of the constitution; to deliberate on the same, and finally, to make 
out drafts of all such amendments as may be approved and desired by 
the majority of the citizens of each county and city, so assembled, to be . 
forwarded as memorials or as petitions to the then next General Assem¬ 
bly for their action, and to be by them adopted or rejected. There should 
be no fears or doubts but that the members of both Houses will consider 
themselves bound, and make it a duty imperiously required of them, in¬ 
dividually and collectively, to receive such representations from the coun¬ 
ties and cities; to note the proportion of numbers, the accordance and dis¬ 
cordance of public sentiment, thus expressed; and, where opinions have 
united in whole or in great part in favor of a particular existing provi¬ 
sion, or of any new one; to bestow their sincere and best exertions in 
weighing their probable effects; and, if no latent and untoward ac¬ 
tion, affecting the welfare of the whole community, or the honor and 
dignity of the State, or of the United States, should occur to their minds, 
pass an act or acts, to operate as a part of the Constitution, when ap¬ 
proved, agreeably thereto, at the then next Session of the General As¬ 
sembly after a new election. 

Whoever shall undertake to form or to reform a republican Constitution, 
as I humbly conceive, should be seriously impressed with these five lead¬ 
ing principles. First, that the fruit of labor, in the individuals, or in their 
progenitors, has always been, and should continue to be, a basis of * 
all social contracts; second, that every citizen, as such, has a natural and 
indefeasible right to do or to say any thing which he thinks will promote 
his happiness, restricted and guided by Law only: third, that wealth is 
power, and all power prone to increase a desire for more power: fourth, 
that the best effect of any government is to defend the weak against the 
strong, or things inanimate against the animate: and fifth, that the uncer¬ 
tainty of Law, by sudden and partial alterations, is a greater grievance 
than several bad laws, * 

For the reasons, and upon the principles herein set forth; a few altera¬ 
tions in the constitution, the writer trusts, with proper diffidence and de¬ 
ference, may be respectfully proposed, for the consideration of the citi¬ 
zens of Maryland. Making as few alterations as possible, in the consti¬ 
tution of the State, which is entitled to our veneration from the fact of 
its having survived that of most others of the States of the Union, made 
at the same period;—but, taking for a model, generally, that form which 
our republican Fathers adopted in 1787, after the experience of ten revo¬ 
lutionary years, which was, in the words of General Washington, at the 
close of the Convention, “The result of a spirit of amity, and of that 
jrnulual deference and concession which the peculiarity of our political 


13 


situation rendered indispensable ” And who told us, in his Farewell 
Address, of “The necessity of reciprocal checks in the exercise of po¬ 
litical power, by dividing and distributing it into different depositories, 
and constituting each the guardian of the public weal against invasions 
by the others.” Let the,Governor be elected by electors chosen by the 
voters of each county and city, every four years; hold his office during 
that term; have a qualified power to approve and to reject proposed 
laws;—to be at least thirty-five years of age, and be paid a salary suffi¬ 
cient to support himself and family at the seat of Government through¬ 
out the term; with the power of appointing all the Judges, Officers, and 
Agents of the State, by and with the advice and consent of the Senate, 
and be ineligible for Governor, or any other office under this State dur¬ 
ing the ensuing four years. And, at the same time and in the same man¬ 
ner, elect a Deputy Governor, being also thirty-five years of age, for the 
same term of four years; who shall, when not acting as Governor, be 
President of the Senate. The Council of the Executive, originally in¬ 
dispensable, perhaps, may be abolished without any inconvenience, upon 
this plan of reform, as a burden to the State, and now without indepen¬ 
dence or responsibility either. 

The Senators to be thirty years of age, at least, and elected by elec¬ 
tors, chosen every two years, by the voters of the several counties and 
cities, to serve during four years; but divided equally, so that one half 
be renewed every second year, and not be eligible more than two 
terms in succession. If in any case there should be two or more per¬ 
sons having an equal number of the ballots of Electors, they shall forth¬ 
with proceed to make a choice between those who have had an equal 
number of votes on the first ballot, and in default, the choice between 
them shall be settled by lot. All nominations authorised to be made by 
the Governor, to be approved or rejected by them, as above stated. 

If the President of the Senate acts as Governor, and in case of the de¬ 
cease or inability of the former to act, a Vice-President to be elected 
from, by, and for the Senate, to act during such vacancy. 

For the purpose of electing Electors of Governor, Senators, and Dele¬ 
gates to the General Assembly, let the city of Baltimore be considered 
and counted, for this purpose only, as two counties; let the three popu¬ 
lous counties of Baltimore, Frederick, and Washington, be also divided 
into two counties each, as Baltimore and Frederick were in 1775; by 
which ten extra members met the convention in 1776; temporarily or per¬ 
manently, o/?iiow, respectively; or, together into six counties;— 

each of the counties and the city, so formed,—the other sixteen coun¬ 
ties and the city of Annapolis, to elect two Electors of the Senate and 
two Delegates, every second year,—which same electors shall choose 
the Governor, and Deputy Governor, every fourth year, as aforesaid. 
Thus the number of electors will be, at two for each county, and the 
city of Baltimore, so as above divided, 48 electors, choosing twenty 
Senators in the first instance, ten of whom to retire by lot at the end 
of two years; and ten every second year thereafter; and the number 
of delegates, having each attained the full age of 25 years, at two for 
each county and the city, so divided, will be, including two for Annapo¬ 
lis, 32 for the Western Shore, and 16 for the Eastern Shore; or, 48 in all. 
Provision may be made for electing the Governor and Deputy Governor 
from the Eastern side of the Bay every third term of those offi(;ers; and, 
for choosing the senators between the two sides of the Bay; let their num¬ 
bers, respectively, be in proportion to the number of counties, counting 
the divisions aforesaid; or, of the number of white inhabitants, accord- 



14 


ing to the last general census, on each Shore. Either of which will, 
probably, be in accordance with the ratio adopted by the Convention 
which framed the present Constitution in 1776, of nine and six, then, and 
which would be, say, thirteen and seven thereafter. But be entreated to 
cherish and hold fast to the electoral system for one branch of Leg¬ 
islature and the Executive, as the main-stay of Liberty in Republican 
Governments; the only one to sustain general against local interests— 
place patriotism over popularity; and which has already established, 
wherever applied, a character for fidelity to all causes and all candidates 
without a single exception. 

What now remains to be noticed, is the alteration of the Consti¬ 
tution in relation to franchises. Let us not restore the original quali¬ 
fication, much less the great price, which it cost to become a citizen 
of Rome, where it was sought as an honorable distinction, by acts of 
merit as well as by money. But, abolish that want of any qualification; 
if the terms are permitted; which was introduced by the General As¬ 
semblies of 1801 and % 1809 and ’10. It may, perhaps, be doubtful 
whether these alterations do not extend the privilege of voting to con¬ 
victed felons; they certainly do not exclude the poor maintained by pub¬ 
lic alms, who, in defiance of public feeling, as often manifested, have been 
sometimes taken to the polls from the Poor Houses. 

Let us require, instead of the former sum, the substance of the Bill of 
Rights, article 5, in which a proper description of a Republican Citizen, 
or definition of the term, is in these words; ^^Every man having property in, 
a common interest with, and an attachment to the community, ought to have 
aright of suffrage. Now, the foreigner who has not chosen to be natu¬ 
ralized;—the native born, whose labor or wealth has not contributed to 
the support of Government; or who has never served in the army or na¬ 
vy,—spent a day, or lifted his hand to qualify himself—for a military de¬ 
fence of the country or its laws;—or the conscientious man, who, desti¬ 
tute of all of the above requisites, has never labored for, or paid one cent, 
towards any public charity, does not stand in the situation described in 
the Bill of Rights, and ought not to possess the privilege of suffrage. 
Does this exclude the working-man?—no such thing. It excludes him 
who will not work. If this privilege became so free in the new States, 
it was because in them, every inhabitant went with the intent of buying 
or taking up land, and had actually done, or would do one or the other, 
as soon as he pleased. But, a different population in the old States, pro¬ 
duced, has maintained and should have a different qualification. 

If, indeed, the latitude given in the States, where taxable property is 
at command, was a serious defect in their Constitutions; they have estab¬ 
lished a guard to balance it in the extended terms of serving of their Legis¬ 
latures and Executives: for it matters little by whom officers are chosen if 
they are rendered impartial thereafter, by the tenor of their commission, 
or by any other reasonable means: Nor does it matter how, or by whom 
Legislators are chosen, if compensation is a material object with them; 
and it has become evidently necessary that the daily pay of members, or 
the annual cost of Sessions, be limited by some permanent constitutional 
provision. 

These outlines require details for practical use, of course, and when 
agitated, if they should be, will doubtless receive the order and style 
proper for the occasion. 

Again, if we must have a Convention! What sort of a Convention 
shall it be? How is it likely to be composed? Of bow many members, 
and what their qualifications? Shall they be governed by instructions, 


15 


certain or uncertain, or shall they deliherifc and decide, according to 
their own private judgments? All these, it seems, are necessary prelim¬ 
inaries. If the General Assembly is to call the Convention, as certain 
petitioners require, it would probably be composed as the House of Del- 
gates is now composed; of four members for each of the nineteen coun¬ 
ties, and two each for the cities of Baltimore and Annapolis. It would 
be fortunate if the Assembly should agree to the division of the three 
largest counties and the city of Baltimore, adding 14 members to the 
number, on the principle adopted by the Assembly of 1775; which, at 
that early day, honored the names of Washington and Montgomery, by 
the creation of these counties out of that called Frederick, and as is liere- 
in recommended, for the same just and obvious reasons. 

Whether or not, it is more than probable, that the same individuals 
who are now, or have lately been in the Assembly, and taken some part 
in the discussion already had on this identical subject, would be elected 
to the convention by their respective cities and counties; in numbers or 
in influence, equal to a majority of the Convention. Should this take 
place, there could be very little, if any thing, expected from the Conven¬ 
tion, which the present Assembly and that of the next Session, would 
not readily agree to. Thus amendments would, or might be obtained, 
without the expense, the delay, or the hazard of a Convention, and in 
the way wisely provided by our patriotic predecessors and Government 
founders. Already has the Legislature passed acts to give the city of 
Baltimore four members, and offered to create a county adjacent, that will, 
of course, on the existing plan, have four; making six additional delegates 
on the north west. And, it should be remarked, that, although we have 
often been repulsed from, and, not unfrequenily subjected to delay, ex¬ 
pense, and humiliation at the seat of Government, the Legislature of Mary- 
, land has not always overlooked our interest, or that which it had in this 
section of the State. This has been proved, as well by refusals to gratify 
our demands, in some instances, as by the extraordinary investments made 
here, for the benefit of Baltimore or that of the State. I hope it may not be 
necessary that a poll should be opened, and the ballot box resorted to on 
each specific proposition for alteration, in every city and county; as, for 
instance, to determine whether or not a majority of the voters of such city 
or county, are of opinion that representation should be apportioned ac¬ 
cording to one principle only, or to a combination ol’ population, territory, 
and taxation; whether or not, the Governor should be elected for one, 
two, or three years, and directly by the voters, or indirectly, by Electors 
or the Legislature, &c. If not involving matters too serious for jesting, 
it would be ridiculous to suppose, that any deliberate body could be safe¬ 
ly guided by partial meetings, called by the caprice of a few irresponsi¬ 
ble individuals, first at one place or part of a county, and then at another. 
But, some counties have not stirred the subject of reform at all; and in 
the proceedings published by the few which have had partial or public 
meetings for the purpose, little is seen beyond vague demands for altera¬ 
tions, or for a convention to make them. Few, if any definite amend¬ 
ments have been openly proposed, even in the manner above staled, for 
the guidance of the public mind, or for that of the Legislature. It would 
be, therefore, unreasonable to press for positive action on the subject, un¬ 
til the desired amendments are presented, and presented in that explicit 
and respectful manner, which would fit them for the government of in¬ 
telligent representatives of any portion of the people. 

To coi^clude, fellow-citizens, in tlu' words of the Farewell Address of 
that sainted Patriot, whose memory we all delight to honor—“In all the 


16 

changes to which you may be invited, remember that time and habit 
are at least as necessary to fix the true character of governments, or of 
other human institutions; that experience is the surest standard, by which 
to test the real tendency of the existing constitution of a country; that 
facility in changes upon the credit of mere hypothesis and opinion, ex¬ 
poses to perpetual change, from the endless variety of hypothesis and 
opinion; and remember especially, that for the efficient management of 
your common interests in a country so extensive as ours, a government 
of as much vigor as is consistent with the perfect security of Liberty, is 
indispensable. Liberty itself will find in such'a gorernment, with powers 
properly distributed and adjusted, its surest guardian. It is indeed little 
else than a name, where the government is too feeble to withstand fhe 
enterprizes of faction, to confine each member of the society within the 
limits prescribed by the Laws, and to maintain all in the secure and tran¬ 
quil enjoyment of the rights of person and property.” * * * “’Tis sub¬ 
stantially true, that virtue or morality is a necessary spring of popular 
government.” * * * “And let us with caution indulge the supposition^ 
that morality can be maintained without religion.” 

A MARYLANDER. 


June 1, 1836. 


ADDENDA. 


Pff^e 4, lint 17.—Orderly citizens, whose constant emj)]oyment is re 
quired to procure theniseives and fatnilies a comfortable support, can 
barely spare time to jjo to distant places of election, and certainly have 
no money to sport when there. 

Page. 5, line 11.— It appears that, for some time past, the Treasury of 
the State presents a deficieticy of $75,CC0, ^\hich has been supplied by 
loan upon loans, frojn year to year; and, indeed, there is cause to believe 
that a corrupt sytem of licenses is maintained to eke out the amount 
required by the permanent wants of the 4’reasury. 

Page 6, lint 21.—The plan of elt ctin^ a Governor and Senators, 
directly, appears to be a favorite with those who are fond of this kind 
of strife, and make light of the excitetm nt, because it seems to them to 
require no sacrifice, courage, or exertion, and natural, because it is sim¬ 
ple. Simple indeed, it is, but, a Cttveinor, or a Senator, so elected, 
stands a great chance of becoming a slave to his own ambition, or to a 
more ignoble sentiment in others. Such slavery in the Executive, is a 
dishonor to the whole community over which he presides; and, in the 
Senator, there is a sinking of character v^hich destroys Ills efficiency, 
and it would he as well, if not belter, that he was returned to tlie other 
branch of the Legislature. It is jiossihle, jjf rhaps, to im])rove upon such a 
plan, by extending the term of service, or by a system of rotation, but I 
have never been able to discover a system, or a |)lan, so excellent, as that 
oi'choosing them by Electors; especially when the identity of the person 
can be kept from the public, and clear of bargain and sale, before the 
selection is made. To reduce elections, is itself a gain. 

Page 8, line 32.—I am not to he understood as advocating the suffrage 
of the free colored people; on the contrary, there are, in my cjiinion, no 
reasons why they shoidd be more favorably treated, in Maryland, than 
the aborigine.®, who we are now colonizing in the West. 

Same page, line 53.—By setting a value in money, or in labor, on the 
right of Mifliage, beyond that now required, the incentive to industry 
and frugality, and, consequently, the mioral deportment of the citizens 
exposed to the greatest tenqitations, is increased. 

Page 10, line 18.—The justice and necessity of a new’ apportionment 
of the representatives in both brandies of the Legislature of our State, 
arising from the changes which the census of 1790 and 1830 present, 
should cause every one to examine the tables published in the Pocket 
Jlnnvul of J. Hughes, Esq. Annapolis. It may there be seen, which, 
and to what extent, different sections of the State have undergone an 
increase or decrease of yiojudation, and the [iresent monstrous inequality’ 
in the representation of this city and the three adjacent counties; having 
150,309 w hite inliahiiants, with 17 representatives, and the eight Eastern 
Shore countie.e, with a like population of 69,593, the slaves and colored 
persons being al out 40.000 to each, have 38 Eepresentatives in the two 
branches of the Legislature. In somie of the smaller counties, there are 
more colored than white persons, and indeed, more slaves tlian whites. 
The business of the counties is, of course, in an inverse proportion to 
the representniicn in the Assembly. 

Page 14, line 15.—Let us not restore the jiroperty qualification for the 
members of tlic Executive or Legislative department; trusting, as we 
can safely, that persons elected by people duly qualified, may be no less 
competent to serve the public, from a want of fortune; nor seek to replenish 
the Treasury l)y setting a price, in money, fora vote; hut'giving a value to 
that privilege by a quantity of labor, either for the State directly, or for 
those who contribute to its support, and that by rent paid or work 
done, yearly or monthly. 



EXTRACTS 


OF POPULATIOiV, REFERRED TO, 


CENSUS. 


Counties. 

1790. 

1830. 

Decrease. 

Caroline, 

9,506 

9,070 

436 

Charles, 

20,643 

17,769 

2,874 

Kenr, 

12,836 

10,501 

2,335 

Prince George, 

21,344 

20,474 

870 

Queen Anne, 

15,463 

14,397 

1,066 

Sr. Mary, 

15,.544 

13.459 

2,085 

Talbot, 

13,084 

12,947 

137 


108,420 

98,617 

' 9,803 


Alleghany, 
Anne Arundel, 

4,809 

* 10,609 

Increase. 

5,800 

22,598 

28,295 

5,697 

Baltimore, 

2.5,431 

■ 40,250 

14,819 

Cecil, 

13,625 

15,432 

1,807 

Calvert, 

8,652 

15,875 

8,900 

248 

Dorchester, 

18,686 

2,811 

Frederick, 

30,791 

45,789 

14.998 

' Harford, 

14,976 

16,319 

1,343 

Montgomery, 

18,003 

19,816 

1,813 

Somerset, 

15,610 

20,166 

4,5.56 

Washington, 

15,822 

25,268 

9,446 

Worcester, 

11,640 

18,273 

6,633 

Baltimore City, 

13,503 

80,620 

67,127 


319,728 

447,040 

137,098 

• 

CENSUS 

FOR 1830, 



Counties. 

Whites. 

Total. 

Cecil, 

11,478 

15,432 

Caroline, 

6,254 

9,070 

Dorchester, 

10,685 

18,686 

Kent, 

5,044 

10,501 

Queen Anne, 

6,659 

14,397 

Talbot, 

6,291 

12,947 

Worcester, 

11,811 

18,273 

Somerset, 

11,371 

20,166 


69,593 

114,472 

Baltimore, 

30,619 

40’,250 

Frederick, 

36,703 

45,789 

Washington, 

21,277 

25,268 


88,.599 

111,307 

City of Baltimore, 

61,710 

80,620 


150,309 

192,927 


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